Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Co-operation and giving evidence against co-accused
  • 30 Jan 1991

    THE QUEEN v. NG WAI KWONG

    Citation
    THE QUEEN v. NG WAI KWONG
    Court
    Court of Appeal
    Case number
    CACC341/1990

    A defendant's discount for cooperation and giving evidence should be applied to the offences to which the assistance/evidence directly relates; it is not automatically transferable in full to unrelated offences, although a judge may elect to apply a scaled-down across-the-board discount to reflect unassisted offences; applying that principle, the total effective sentence of 15 years did not offend the totality principle and the appeal was dismissed.

    • Discount for assistance to authorities
    • Co-operation and giving evidence against co-accused
    • Concurrent and consecutive sentencing
    • Totality principle
    • Conversion of drug classes (no.4 to no.3)